"Agency" means the Arizona Department of Transportation."
"Contribute materially" in paragraph (a)(7) is amended to read:
The term"contribute materially" means that during the two taxable years before the taxable year in which displacement occurs, a business contributed at least 33 1/3% of the owner's or operator's average annual gross income from all sources.
"Decent, safe, and sanitary dwelling" in paragraph (a)(8) is amended to read:
The term decent, safe, and sanitary dwelling means a dwelling that meets applicable housing and occupancy codes. However, any of the following standards that are not met by an applicable code shall apply unless waived for good cause by the federal agency or state agency funding the project. The dwelling shall:
Be structurally sound, weathertight, and in good repair;
Contain a safe electrical wiring system adequate for lighting and other devices; and
Contain heating and cooling systems capable of sustaining a healthful temperature for a displaced person, except in those areas where local climatic conditions do not require such systems.
"Initiation of negotiations" has the same meaning as prescribed in A.R.S. § 28-7141.
"Notice of intent to acquire or notice of eligibility for relocation assistance" as described in 49 CFR 24.203(d) and 49 CFR 24.203(b) means:
Written notice furnished to a person to be displaced that establishes eligibility for relocation benefits before the initiation of negotiations.
"Persons not displaced" in paragraph (a)(9)(ii)(A) is amended to read:
A person who moves before the initiation of negotiations, unless this requirement is waived by the Department due to a move necessitated for reasons beyond the person's control.
"Program or project" in paragraph (a)(22) is amended to read:
The phrase"program" or"project" means any displacing activity or series of activities undertaken by the Department, related to construction or reconstruction of a transportation facility, or a facility necessary for maintaining a transportation facility.
"Salvage value" in paragraph (a)(23) is deleted.
"Uneconomic remnant" in paragraph (a)(27) is deleted.
"Uniform Act" in paragraph (a)(28) is amended to read:
The term"Uniform Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ( 42 U.S.C. 4601 et seq.).
"Utility facility" in paragraph (a)(31) is deleted.
"Utility relocation" in paragraph (a)(32) is deleted.
Each notice which the agency is required to provide to a property owner or occupant under this part shall be personally served or sent by certified or registered first-class mail, return receipt requested, and documented in agency files. Each notice shall be written in plain, understandable language. Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling. Each notice shall indicate the name and telephone number of a person to contact for answers to questions or other needed help.
Paragraph (a) Records. The agency shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this part. These records shall be retained for at least three years after each owner of a property and each person displaced from the property receives the final payment to which each owner of property is entitled under this part, or in accordance with the applicable regulations of the federal funding agency, whichever is later.
In addition to the provisions of A.R.S. §§ 41-1061 through 41-1067, the following provisions apply:
Ariz. Admin. Code § R17-3-302